AN120089 – Building and Construction Industry (State) Award
24.1 Industry allowance In addition to the rates prescribed in clauses 18.1.2(a) and (b), tradespersons and labourers shall be paid an allowance at the rate of $21.70 per week to compensate for the following disabilities associated with construction work (as defined). The apprentice rates of pay in clauses 18.1.2(d) and (f) are inclusive of the industry allowance.
The industry allowance is to compensate for the following disabilities associated with the construction work, as defined:
(a) Climatic conditions when working in the open on all types of work.
(b) The physical disadvantage of having to climb stairs or ladders.
(c) The disability of dust blowing in the wind, brick dust, and drippings from newly-poured concrete.
(d) Sloppy and muddy conditions associated with the initial stages of the erection of a building.
(e) The disability of working on all types of scaffolds or ladders other than a swing scaffold, suspended scaffold, or a bosun's chair.
(f) The lack of the usual amenities associated with factory work (e.g., meal rooms, change rooms, lockers).
24.2 Underground Allowance Tradesperson and Labourers required to work underground shall be paid an allowance of $10.63 per week for all purposes of the award in addition to the allowance prescribed clause 24.1.
Provided that an employee required to work underground for no more than 4 days or shifts in an ordinary week shall be paid an amount of $2.12 per day or shift in lieu of the underground allowance prescribed elsewhere in this clause, and in addition to the allowance prescribed in subclause 24.1.
Where a shaft is to be sunk to a depth greater than six metres, the payment of the underground allowance shall commence from the surface.
These allowances shall not be payable to employees engaged upon "pot and drive" work at a depth of 3.5 metres or less.
24.3
(a) A tool allowance shall be paid for all purposes of the Award to tradesperson and apprentices in their respective trades in accordance with the following table:
Trade |
Tool Allowance |
$ | |
Artificial stoneworker, carpenter and/or joiner, carpenter-diver, carver, bridge and wharf carpenter, letter cutter, marble and slate worker, stonemason |
23.30 |
Caster, fixer, floorlayer specialist, plasterer |
19.20 |
Bricklayer, Tilelayer, Hard Floor Coverer |
16.40 |
Rooftiler, Ridger or Roof Fixer |
12.10 |
Signwriter, Painter |
5.60 |
(b) Provided that an employer may, by agreement with an apprentice's parent or guardian, elect to provide the apprentice with a kit of tools and, subject to establishing the value of the tools at the time of so providing, deduct the tool allowance until the cost of the kit of tools is reimbursed. In the event of an apprentice being dismissed or leaving his/her employment before the cost of the tool kit has been reimbursed the employer shall be entitled to:
(1) deduct from any wages due to the apprentice the remaining cost of the tool kit; or
(2) by agreement retain tools at the originally nominated value to the amount still owing.
Provided further that where a tool allowance is paid to apprentices the employer may, from time to time, inspect tools provided by an apprentice and if not satisfied that reasonable tools are being provided and kept in serviceable condition, having regard to the quantum of tool allowance paid may furnish or render serviceable such tools and deduct the cost thereof from the tool allowance payments thereafter becoming due.
24.4 Special conditions to apply to bricklayers engaged on construction or repairs to refractory brickwork
(a) After six weeks employment, and on request of the employee, an allowance of $65.80 shall be provided for the purchase of boots. The same allowance will be provided to cover the cost of replacement boots, provided that the allowance need not be paid more than once in any six month period dating from the time the allowance is first provided.
(b) The allowance set out in 24.4(a) hereof will not be payable where the employer provides boots.
(c) Employees provided with the allowance, or the boots, will accrue credit at the rate of $3.30 per week from the date of the request. An employee leaving, or being dismissed, before twenty weeks employment after the date of the request will repay the difference between the credit accrued and the $65.80.
(d) An employer shall reimburse an employee for an x-ray once every six months, if requested by an employee engaged in refractory brickwork, or working in a tuberculosis home or hospital. Such x-rays may be taken during working hours, and count as time worked. An employee who ceases work in a tuberculosis home or hospital may also request an x-ray on cessation of work.
24.5 Multi-storey allowance
24.5.1 Eligibility A multi-storey allowance shall be paid to all employees on site engaged in construction or renovation, of a multi-storey building as defined herein, to compensate for the disabilities experienced in, and which are peculiar to construction or renovation of a multi-storey building: Provided that for the purpose of this clause renovation work is work performed on existing multi-storey buildings (as defined), and such work involves structural alterations which extend to more than two storey levels in a building, and at least part of the work to be performed is above the 4th floor storey level in accordance with the scale of payments appropriate for the highest floor level affected by such work.
24.5.2 Definition of a Multi-Storey Building For the purposes of this award, a multi- storey building is a building which will, when complete, consist of five or more storey levels. "Complete" means the building is fully functional and all work which was part of the principal contract is complete. For the purposes of this clause, a storey level means structurally completed floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building, and shall include basement levels and mezzanine or similar levels (but excluding "half floors" such as toilet blocks or store rooms located between floors).
Provided that any buildings or structures which do not have regular storey levels but which are not classed as towers (e.g. grandstands, aircraft hangars, large stores, etc.) and which exceed 15 metres in height may be covered by 24.5.2 or by 25.9 of this award, by agreement. Where no agreement is reached, by determination of the Commission.
Plant Room Further provided that a plant room situated on the top of a building shall constitute a further storey level if the plant room occupies 25 per cent of the total roof area or an area of 100 square metres whichever is the lesser.
24.5.3 Rates Except as provided for in 24.5.4 Service Cores, an allowance in accordance with the following table shall be paid to all employees on the building site. The second and subsequent allowance scales shall, where applicable, commence to apply to all employees when one of the following components of the building - structural steel, reinforcing steel boxing or walls, rises above the floor level first designated in each such allowance scale.
"Floor level" means that stage of construction which in the completed building would constitute the walking surface of the particular floor level referred to in the table of payments:
Floor Levels |
Amount per hour extra |
$ | |
From commencement of building to fifteenth floor level |
0.39 |
From sixteenth floor level to thirtieth floor level |
0.47 |
From thirty-first floor level to forty-fifth floor level |
0.73 |
From forty-sixth floor level to sixtieth floor level |
0.94 |
From sixty-first floor level onwards |
1.17 |
The allowance payable at the highest point of the building shall continue until completion of the building.
24.5.4 Service Cores -
(a) All employees employed on a Service Core at more than fifteen metres above the highest point of the main structure shall be paid the Multi-Storey rate appropriate for the main structure plus the allowance prescribed in subclause 25.9 Towers Allowance calculated from the highest point reached by the main structure to the highest point reached by the Service Core in any one day period (i.e., for this purpose the highest point of the main structure shall be regarded as though it were the ground in calculating the appropriate Towers Allowance).
Employees employed on a Service Core no higher than fifteen metres above the main structure shall be paid in accordance with the Multi-Storey Allowance prescribed herein.
(b) Provided that any section of a Service Core exceeding fifteen metres above the highest point of the main structure shall be disregarded for the purpose of calculating the Multi- Storey Allowance applicable to the main structure.
24.6 Meal Allowance An employee required to work overtime for at least one and one-half hours after working ordinary hours shall be paid by his/her employer an amount of $10.50 to meet the cost of a meal. Provided that this clause shall not apply to an employee who is provided with reasonable board and lodging or who is receiving a distant job allowance in lieu thereof as provided for in clause 37 Living Away from Home Distant Work, and is provided with a suitable meal.
24.7 Compensation for Clothes And Tools
24.7.1 An employee whose clothes, spectacles, hearing aids or tools have been accidentally spoilt by acid, sulphur or other deleterious substances, shall be paid such amount to cover the loss thereby suffered by the employee as may be agreed upon between the employee and his/her employer or, in default of agreement, as may be fixed by the Industrial Commission.
24.7.2 (a) An employee shall be reimbursed by his/her employer to a maximum of an amount of $1,348.00 for loss of tools or clothes by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job or workshop or in a lock-up as provided in this award or if the tools are lost or stolen while being transported by the employer at the employers direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee's absence after leaving the job because of injury or illness.
(b) Where an employee is absent from work because of illness or accident and has advised the employer in accordance with clause 33.1, Sick Leave, of this award, the employer shall ensure that the employee's tools are securely stored during his/her absence.
24.7.3 When an employer requires an employee to wear spectacles with toughened glass lenses the employer will pay the cost of the toughening process.
24.7.4 Provided that for the purposes of this clause:
(a) only tools used by the employee in the course of his/her employment shall be covered by this clause;
(b) the employee shall, if requested to do so, furnish the employer with a list of tools so used;
(c) reimbursement shall be at the current replacement value of new tools of the same or comparable quality;
(d) the employee shall report any theft to the police prior to making a claim on the employer for replacement of stolen tools.
